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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 03-13-2008, 04:29 PM
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harish is infamous around these parts
Default It's official now...April Visa Bulletin!

http://travel.state.gov/visa/frvi/bu...etin_4177.html


Thought this deserved it's own thread..

Thanks to..ak_2006!

Quote:
Originally Posted by ak_2006 View Post
http://travel.state.gov/visa/frvi/bu...etin_4177.html

If some body already posted this other than Indian consuates...please ignore this...

As far as I see all Numbers are same as Indian Consulate.



Thanks
__________________
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---------------------------------------------

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Last edited by harish; 03-13-2008 at 04:31 PM. Reason: Forgot to credit to ak_2006
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  #2 (permalink)  
Old 03-13-2008, 04:31 PM
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Thanks!
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  #3 (permalink)  
Old 03-13-2008, 04:35 PM
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From - http://travel.state.gov/visa/frvi/bu...etin_4177.html

D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual “per-country” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.


Does "calendar quarter" mean that only within a fiscal year unused visa numbers are made re-available, but does not spill over to the next fiscal year?

Last edited by sledge_hammer; 03-13-2008 at 04:38 PM.
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  #4 (permalink)  
Old 03-13-2008, 04:41 PM
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INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual “per-country” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.

==== Does this mean that EB2 useage for ROW is low and they will use these numbers for India and China EB2?

Last edited by RandyK; 03-13-2008 at 04:47 PM.
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  #5 (permalink)  
Old 03-13-2008, 04:46 PM
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I believe so.

Quote:
Originally Posted by RandyK View Post
INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual “per-country” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.

-----
Does this mean that EB2 useage for ROW is low and they will use these numbers for India and China EB2?
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  #6 (permalink)  
Old 03-13-2008, 04:51 PM
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RandyK has much to be proud of RandyK has much to be proud of RandyK has much to be proud of RandyK has much to be proud of RandyK has much to be proud of RandyK has much to be proud of RandyK has much to be proud of RandyK has much to be proud of
Default Lasantha Congrads .......

Hope you will get your GC soon...
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  #7 (permalink)  
Old 03-13-2008, 05:01 PM
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Lasantha is just really nice Lasantha is just really nice Lasantha is just really nice Lasantha is just really nice
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Thanks a lot Randy. Wish you the same !!!!

Quote:
Originally Posted by RandyK View Post
Hope you will get your GC soon...
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  #8 (permalink)  
Old 03-13-2008, 05:11 PM
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Default Tired

I am freaking tired of this game guys. Been here from 1998, still no green card. My company is playing games, now my boss has joined the group. I just can’t take it anymore. I feel I just should quit.
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  #9 (permalink)  
Old 03-13-2008, 05:20 PM
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mdmd10 is just really nice mdmd10 is just really nice mdmd10 is just really nice mdmd10 is just really nice
Default Link not active?

Hope its not another game...seems like the link posted above has been inactivated
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  #10 (permalink)  
Old 03-13-2008, 05:22 PM
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Visa Bulletin
Number 117
Volume VIII
Washington, D.C.

VISA BULLETIN APRIL 2008

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by March 11th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.




EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference
level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

*NOTE: For April, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01MAY02. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAY02 and earlier than 08MAY03. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

All
Charge-ability
Areas
Except
Those
Listed
CHINA-
mainland born INDIA MEXICO PHILIP-PINES
Employ-ment
-Based

1st C C C C C
2nd C 01DEC03 01DEC03 C C
3rd 01JUL05 08FEB03 01OCT01 01OCT01 01JUL05
Other
Workers 01MAR02 01MAR02 01MAR02 01MAR02 01MAR02
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employ-ment Areas/
Regional Centers C C C C C

The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2008 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For April, immigrant numbers in the DV category are available to qualified DV-2008 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 21,500 Except:
Egypt:
17,900
Ethiopia:
14,150
Nigeria:
9,900

ASIA 9,100
EUROPE 20,625
NORTH AMERICA (BAHAMAS) 11
OCEANIA 1,200
SOUTH AMERICA, and the CARIBBEAN 1,425

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2008 program ends as of September 30, 2008. DV visas may not be issued to DV-2008 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2008 principals are only entitled to derivative DV status until September 30, 2008. DV visa availability through the very end of FY-2008
cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN MAY

For May, immigrant numbers in the DV category are available to qualified DV-2008 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 26,700 Except:
Egypt:
20,500
Ethiopia:
16,000
Nigeria:
11,600

ASIA 10,500
EUROPE 23,500
NORTH AMERICA (BAHAMAS) 12
OCEANIA 1,400
SOUTH AMERICA, and the CARIBBEAN 1,550

D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual “per-country” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.

E. SI CATEGORY VISA AVAILABILITY FOR IRAQI AND AFGHANI TRANSLATORS

The National Visa Center has already scheduled over 450 SI Special Immigrant Translator cases for interview in FY-2008. Given the number of cases scheduled, along with those still pending final action, it is likely that the FY-2008 annual numerical limit of 500 will be reached within the next month or so. Should there be any legislative changes which will affect this program that information will be posted on the travel.state.gov website, and readers may consult that site for current information.


E. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State's Bureau of Consular Affairs offers the monthly "Visa Bulletin" on the INTERNET'S WORLDWIDE WEB. The INTERNET Web address to access the Bulletin is:

http://travel.state.gov

From the home page, select the VISA section which contains the Visa Bulletin.

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (area code 202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514
CA/VO:March 11, 2008
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  #11 (permalink)  
Old 03-13-2008, 05:23 PM
vxg vxg is offline
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vxg is a glorious beacon of light vxg is a glorious beacon of light vxg is a glorious beacon of light vxg is a glorious beacon of light vxg is a glorious beacon of light vxg is a glorious beacon of light
Default

Quote:
Originally Posted by mdmd10 View Post
Hope its not another game...seems like the link posted above has been inactivated
Who knows it may another fiasco like Jul post and than change.
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  #12 (permalink)  
Old 03-13-2008, 05:25 PM
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Priority Date
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Jun-05
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I140 Mailed Date
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Austria
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xela has a reputation beyond repute xela has a reputation beyond repute xela has a reputation beyond repute xela has a reputation beyond repute xela has a reputation beyond repute xela has a reputation beyond repute xela has a reputation beyond repute xela has a reputation beyond repute xela has a reputation beyond repute xela has a reputation beyond repute xela has a reputation beyond repute
Default link back to March

Looks like they switched it back?????
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  #13 (permalink)  
Old 03-13-2008, 05:27 PM
Senior Member
Priority Date
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Mar-05
Category
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I140 Mailed Date
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03/01/2007
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08/01/2007
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HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute HV000 has a reputation beyond repute
Default

What happenned to April VB?? Its NOT there on the website!!!
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  #14 (permalink)  
Old 03-13-2008, 05:27 PM
Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
04/30/2007
Chargeability
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India
Processing Stage
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I-485
I485 Mailed Date
:
07/16/2007
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Join Date: Jul 2007
Posts: 98
mdmd10 is just really nice mdmd10 is just really nice mdmd10 is just really nice mdmd10 is just really nice
Default Yeah...whoa!! what the hec!

Are we back to March Bulletin??
__________________
PD - 4th May 2004
I140 - June 2009 - Approved
I485 - July 2007 - Approved (Sept. 2009)
I485 RD - 07/17/2007, ND - 08/15/2007
I485 RFE Recvd - 07/31/2009
I485 RFE Responded - 08/12/2009
Recieved 2 year EADs and 3 APs so far
Funding Drive contribution of $100
Visa Recapture Funding Drive contribution $100
Made two 1 time contributions of $100 ($200 so far)
Faxed letters to Immigration Sub-Committee for Bill H.R 5882
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  #15 (permalink)  
Old 03-13-2008, 05:29 PM
Senior Member
Priority Date
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Dec-04
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I140 Mailed Date
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11/18/2006
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10/02/2007
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karthiknv143 will become famous soon enough
Default

May be they are going to make it all C
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